U.S. Code » Title 18 » Part PART III— PRISONS AND PRISONERS › Chapter CHAPTER 301— GENERAL PROVISIONS

18 U.S.C. § 4013

Support of United States prisoners in non-Federal institutions

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 18 CasesGoogle Scholar
(a) The Attorney General, in support of United States prisoners in non-Federal institutions, is authorized to make payments from funds appropriated for Federal prisoner detention for—(1) necessary clothing;(2) medical care and necessary guard hire; and(3) the housing, care, and security of persons held in custody of a United States marshal pursuant to Federal law under agreements with State or local units of government or contracts with private entities.(b) The Attorney General, in support of Federal prisoner detainees in non-Federal institutions, is authorized to make payments, from funds appropriated for State and local law enforcement assistance, for entering into contracts or cooperative agreements with any State, territory, or political subdivision thereof, for the necessary construction, physical renovation, acquisition of equipment, supplies, or materials required to establish acceptable conditions of confinement and detention services in any State or local jurisdiction which agrees to provide guaranteed bed space for Federal detainees within that correctional system, in accordance with regulations which are issued by the Attorney General and are comparable to the regulations issued under section 4006 of this title, except that—(1) amounts made available for purposes of this paragraph shall not exceed the average per-inmate cost of constructing similar confinement facilities for the Federal prison population,(2) the availability of such federally assisted facility shall be assured for housing Federal prisoners, and(3) the per diem rate charged for housing such Federal prisoners shall not exceed allowable costs or other conditions specified in the contract or cooperative agreement.(c)(1) The United States Marshals Service may designate districts that need additional support from private detention entities under subsection (a)(3) based on—(A) the number of Federal detainees in the district; and(B) the availability of appropriate Federal, State, and local government detention facilities.(2) In order to be eligible for a contract for the housing, care, and security of persons held in custody of the United States Marshals pursuant to Federal law and funding under subsection (a)(3), a private entity shall—(A) be located in a district that has been designated as needing additional Federal detention facilities pursuant to paragraph (1);(B) meet the standards of the American Correctional Association;(C) comply with all applicable State and local laws and regulations;(D) have approved fire, security, escape, and riot plans; and(E) comply with any other regulations that the Marshals Service deems appropriate.(3) The United States Marshals Service shall provide an opportunity for public comment on a contract under subsection (a)(3).(d)Health Care Fees For Federal Prisoners in Non-Federal Institutions.—(1)In general.—Notwithstanding amounts paid under subsection (a)(3), a State or local government may assess and collect a reasonable fee from the trust fund account (or institutional equivalent) of a Federal prisoner for health care services, if—(A) the prisoner is confined in a non-Federal institution pursuant to an agreement between the Federal Government and the State or local government;(B) the fee—(i) is authorized under State law; and(ii) does not exceed the amount collected from State or local prisoners for the same services; and(C) the services—(i) are provided within or outside of the institution by a person who is licensed or certified under State law to provide health care services and who is operating within the scope of such license;(ii) constitute a health care visit within the meaning of section 4048(a)(4) of this title; and(iii) are not preventative health care services, emergency services, prenatal care, diagnosis or treatment of chronic infectious diseases, mental health care, or substance abuse treatment.(2)No refusal of treatment for financial reasons.—Nothing in this subsection may be construed to permit any refusal of treatment to a prisoner on the basis that—(A) the account of the prisoner is insolvent; or(B) the prisoner is otherwise unable to pay a fee assessed under this subsection.(3)Notice to prisoners of law.—Each person who is or becomes a prisoner shall be provided with written and oral notices of the provisions of this subsection and the applicability of this subsection to the prisoner. Notwithstanding any other provision of this subsection, a fee under this section may not be assessed against, or collected from, such person—(A) until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with such notices; and(B) for services provided before the expiration of such period.(4)Notice to prisoners of state or local implementation.—The implementation of this subsection by the State or local government, and any amendment to that implementation, shall not take effect until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with written and oral notices of the provisions of that implementation (or amendment, as the case may be). A fee under this subsection may not be assessed against, or collected from, a prisoner pursuant to such implementation (or amendments, as the case may be) for services provided before the expiration of such period.(5)Notice before public comment period.—Before the beginning of any period a proposed implementation under this subsection is open to public comment, written and oral notice of the provisions of that proposed implementation shall be provided to groups that advocate on behalf of Federal prisoners and to each prisoner subject to such proposed implementation.(6)Comprehensive hiv/aids services required.—Any State or local government assessing or collecting a fee under this subsection shall provide comprehensive coverage for services relating to human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) to each Federal prisoner in the custody of such State or local government when medically appropriate. The State or local government may not assess or collect a fee under this subsection for providing such coverage.(Added Pub. L. 100–690, title VII, § 7608(d)(1), Nov. 18, 1988, 102 Stat. 4516; amended Pub. L. 101–647, title XVII, § 1701, title XXXV, § 3599, Nov. 29, 1990, 104 Stat. 4843, 4931; Pub. L. 103–322, title XXXIII, § 330011(o), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 106–294, § 3, Oct. 12, 2000, 114 Stat. 1040; Pub. L. 107–273, div. A, title III, § 302(2), Nov. 2, 2002, 116 Stat. 1781.)Editorial NotesAmendments

2002—Subsec. (a). Pub. L. 107–273, § 302(2)(A), in introductory provisions, substituted “Federal prisoner detention” for “the support of United States prisoners”, inserted “and” at end of par. (2), substituted period for “; and” at end of par. (3), and in introductory provisions of par. (4), inserted “The Attorney General, in support of Federal prisoner detainees in non-Federal institutions, is authorized to make payments, from funds appropriated for State and local law enforcement assistance, for” before “entering”.

Subsecs. (a)(4), (b). Pub. L. 107–273, § 302(2)(B)(ii), redesignated par. (4) of subsec. (a) as subsec. (b) and subpars. (A) to (C) as pars. (1) to (3), respectively. Former subsec. (b) redesignated (c).

Subsecs. (c), (d). Pub. L. 107–273, § 302(2)(B)(i), redesignated subsecs. (b) and (c) as (c) and (d), respectively.

2000—Subsec. (c). Pub. L. 106–294 added subsec. (c).

1994—Pub. L. 103–322, § 330011(o), repealed Pub. L. 101–647, § 3599. See 1990 Amendment note below.

1990—Subsec. (a). Pub. L. 101–647, § 3599, which struck out “(a)” at beginning of text, was repealed by Pub. L. 103–322, § 330011(o).

Subsec. (b). Pub. L. 101–647, § 1701, added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Pub. L. 103–322, title XXXIII, § 330011(o), Sept. 13, 1994, 108 Stat. 2145, provided that the amendment made by section 330011(o) is effective Nov. 29, 1990.

Contracts for Space or Facilities

Pub. L. 106–553, § 1(a)(2) [title I, § 118, formerly § 119], Dec. 21, 2000, 114 Stat. 2762, 2762A–69; renumbered § 118, Pub. L. 106–554, § 1(a)(4) [div. A, § 213(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A–179, provided that: “Notwithstanding any other provision of law, including section 4(d) of the Service Contract Act of 1965 ([former] 41 U.S.C. 353(d)) [now 41 U.S.C. 6707(d)], the Attorney General hereafter may enter into contracts and other agreements, of any reasonable duration, for detention or incarceration space or facilities, including related services, on any reasonable basis.”

Justice Prisoner and Alien Transportation System Fund, United States Marshals Service

Pub. L. 106–553, § 1(a)(2) [title I], Dec. 21, 2000, 114 Stat. 2762, 2762A–55, provided in part that: “Beginning in fiscal year 2000 and thereafter, payment shall be made from the Justice Prisoner and Alien Transportation System Fund for necessary expenses related to the scheduling and transportation of United States prisoners and illegal and criminal aliens in the custody of the United States Marshals Service, as authorized in 18 U.S.C. 4013, including, without limitation, salaries and expenses, operations, and the acquisition, lease, and maintenance of aircraft and support facilities: Provided, That the Fund shall be reimbursed or credited with advance payments from amounts available to the Department of Justice, other Federal agencies, and other sources at rates that will recover the expenses of Fund operations, including, without limitation, accrual of annual leave and depreciation of plant and equipment of the Fund: Provided further, That proceeds from the disposal of Fund aircraft shall be credited to the Fund: Provided further, That amounts in the Fund shall be available without fiscal year limitation, and may be used for operating equipment lease agreements that do not exceed 10 years.”

Similar provisions were contained in the following prior appropriations act:

Pub. L. 106–113, div. B, § 1000(a)(1) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A–7.

Pub. L. 105–277, div. A, § 101(b) [title I], Oct. 21, 1998, 112 Stat. 2681–50, 2681–54, provided that: “There is hereby established a Justice Prisoner and Alien Transportation System Fund for the payment of necessary expenses related to the scheduling and transportation of United States prisoners and illegal and criminal aliens in the custody of the United States Marshals Service, as authorized in 18 U.S.C. 4013, including, without limitation, salaries and expenses, operations, and the acquisition, lease, and maintenance of aircraft and support facilities: Provided, That the Fund shall be reimbursed or credited with advance payments from amounts available to the Department of Justice, other Federal agencies, and other sources at rates that will recover the expenses of Fund operations, including, without limitation, accrual of annual leave and depreciation of plant and equipment of the Fund: Provided further, That proceeds from the disposal of Fund aircraft shall be credited to the Fund: Provided further, That amounts in the Fund shall be available without fiscal year limitation, and may be used for operating equipment lease agreements that do not exceed 5 years.”

Executive DocumentsExecutive Order No. 14006

Ex. Ord. No. 14006, Jan. 26, 2021, 86 F.R. 7483, reforming United States incarceration system to eliminate the use of privately operated criminal detention facilities, was revoked by Ex. Ord. No. 14148, § 2(q), Jan. 20, 2025, 90 F.R. 8238.

Notes of Decisions
Cited in 19 cases (5 in the last 5 years), 1991–2025 · leading case: The Geo Grp., Inc. v. Gavin Newsom, 15 F.4th 919 (9th Cir. 2021).
Sort: Relevance Newest Treatment
The Geo Grp., Inc. v. Gavin Newsom, 15 F.4th 919 (9th Cir. 2021). · cites it 5× “” See 4 The dissent points out that § 1231 does not explicitly mention contracting with private immigration detention centers, but that 18 U.S.C. § 4013 (a)—which governs federal prisoners in state facilities—explicitly allows the federal government to enter into agreements with…”
McCarthy v. Bronson, 500 U.S. 136 (1991). “" 3 See 18 U. S. C. § 4013 (a)(4) (authorizing Attorney General to enter into contracts “to establish acceptable conditions of confinement” in state facilities housing federal detainees); 42 U.”
Holly v. Scott, 434 F.3d 287 (4th Cir. 2006). · cites it 2× “, 18 U.S.C. § 4013 (b) (2000). Congress passed these statutes in the belief that private man- agement would in some circumstances have comparative advantages in terms of cost, efficiency, and quality of service.”
Huguenin v. Ponte, 29 F. Supp. 2d 57 (D.R.I. 1998). · cites it 3× “See 18 U.S.C. § 4013 (1994). That section of the Code also provides that “in order to be eligible” for a contract to house federal prisoners, a private entity must comply with any regulations that the Marshals Service deems appropriate.”
Saunders v. United States, 502 F. Supp. 2d 493 (E.D. Va. 2007). · cites it 2× “111 (o); see 18 U.S.C. § 4013 (c) (establishing minimum compliance criteria).”
Hill v. Corr. Corp. of Am., 14 F. Supp. 2d 1235 (D. Kan. 1998). “See 18 U.S.C. §§ 4013 , 4002. Jurisdiction would clearly lie for claims involving unconstitutional actions taken by federal officials, persons actually employed by the United States or agents of the United States.”
United States v. Salman, 189 F. Supp. 2d 360 (E.D. Va. 2002). · cites it 2× “See 18 U.S.C. § 4013 (permitting the Attorney General to contract with state or local governments for the housing of federal prisoners).”
United States v. Cardona, 266 F. Supp. 2d 558 (W.D. Tex. 2003). · cites it 2× “§ 4042 (a)(3) makes it incumbent upon the Attorney General to “provide for the protection, instruction, and discipline of all persons charged with or convicted of offenses against the United States,” Title 18 U.S.C. § 4013 clearly allows the Attorney General to contract out the…”
Atl. Fish Spotters Ass'n. v. Evans, 206 F. Supp. 2d 81 (D. Mass. 2002). “A § 166 ( 18 U.S.C.A. § 4013 Note) ("Beginning in Fiscal Year 2000 and thereafter”); id.”
Taylor v. Todd (W.D. Ky. 2023). · cites it 5× “18 U.S.C. §§ 4013 , 4048, Federal Prisoner Healthcare Co-Payment Act of 2000 Plaintiff asserts Defendants, including the United States Marshal Service and Deputy Thiel, violated 18 U.”
United States v. Kemp, 200 F. Supp. 3d 1187 (D. Kan. 2016). · cites it 3× “106-553, § 119 ("the Attorney General hereafter may enter into contracts and other agreements, of any reasonable duration, for detention or incarceration space or facilities, including related services, on any reasonable basis”); see 18 U.S.C. § 4013 (a): The Attorney General,…”
Skide v. Johns (S.D. Ga. 2019). “18 U.S.C. § 4013 (a)(3). The relationship between the federal government and facilities which house federal inmates pursuant to contract has been described as follows: Even though the federal government may enter into contracts with a local agency for imprisonment of federal…”
Show all 19 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.